In re Department of Public Works
New York Supreme Court
Appeal from special term, New York county. Proceedings were instituted by the department of public works, for and on behalf of the mayor, etc., of the city of New York, for the opening of 160th street between 11th avenue and Kingsbridge road. From an order confirming the report of commissioners of estimate and assessment, Charles .Banks and others appeal.
1Opinion of the Court
Per Curiam,
We agree with Mr. Justice Lawrence that the decision of the general term upon the original appeal in this proceeding (1 N. Y. Supp. 237) is controlling upon the question of the dedication of the land proposed to be taken. The opinion of the presiding justice upon that appeal covered all the questions now under consideration, except such as arise upon the additional facts presented to the commissioners on the rehearing. As to these new facts "and circumstances, we agree with the commissioners, and also with Mr. Justice Lawrence, that they do not affect Mr. Buckley’s right to a…
2Cases cited4 opinions
- Matter of St. Joseph's AsylumNew York Court of Appeals · 1877
- In Re the Hebrew Benevolent Orphan Asylum SocietyNew York Court of Appeals · 1877
- Matter of SchellNew York Court of Appeals · 1879
- In re One Hundred & Sixtieth St.New York Supreme Court · 1888